Section 7: The Legal and Legislative Response 1 Hour, 30 Minutes

TOPIC: THE
LEGAL AND LEGISLATIVE RESPONSE

Part IV: How do Registration Laws
Apply to Juvenile Offenders in Different States?

Until the passage of the Adam Walsh Child Protection and Safety Act of 2006
described earlier in this section, only juveniles prosecuted and convicted as
adults were required to register under the federal Wetterling Act. As
we mentioned earlier, the Act now requires that all states register juvenile
sex offenders 14 years or older whose offense (or attempted offense) was
comparable to or more severe than aggravated sexual abuse.

However, in some of these states, information about their
conviction cannot be released to the public, even though they are considered
registered sex offenders. For example, in some states, this information is
solely for use within the juvenile courts, versus being contained on a statewide
registry that allows for more widespread access to juveniles’ personal
information.

Only six states currently have separate registration
laws for juvenile and adult sex offenders: Arkansas, Missouri, Montana, North
Carolina, Oklahoma, and Wisconsin.

What is the Youngest Age at Which Juveniles are Required to Register?

When it comes to the age at which juvenile sex offenders are required to
register, only six states actually define the youngest age at which an offender
must comply with this requirement, which leaves open the possibility that
even very young children who evidence sexual behavior problems may be subject
to registration.
And among those states that do specify the age, there is wide variation.
Here are some examples:

North Carolina law only applies to juveniles who were at least 11 years
of age when they committed the offense, but such juveniles must also be
found by the court to be a danger to the community.

Indiana law only applies to juveniles who were at least 14 years of age
and were found by a court by “clear and convincing evidence” to
be likely to be repeat offenders.

In South Dakota, the juvenile must be 15 or older at the time their offense
was committed. Ohio, Idaho, and Oklahoma registration laws apply to juveniles
14 and older.

Once a Juvenile Sex Offender, Always a Juvenile Sex Offender?

A number of states have adopted legislation that differentiates between
adults and juvenile sex offenders by allowing for some flexibility in how
long juveniles must remain on the sex offender registry, and whether they
can petition the court to be removed from the registry. This approach allows
for some discretion in these cases that takes into account factors such as
the juvenile’s offense history, their risk to reoffend, and their progress
in treatment and under supervision.

For example, 20 states have instituted special juvenile procedures and/or
age limits that can terminate a juvenile’s duty to register after a
certain point in time following their adjudication. These laws provide the
opportunity for relief from registration requirements in certain circumstances
after juveniles reach adulthood (i.e., ranging from 18–21 years of
age).32

Other states have policies that allow juvenile offenders
the chance to petition the courts for relief from registration requirements
after they have had an appropriate period of crime–free community adjustment
and stability. This approach allows for juveniles to “prove” themselves
while receiving targeted interventions, and affords them the chance to use
the skills they have acquired during this period of supervision to reintegrate
themselves successfully back into the community without having to register
throughout their adulthood.

Use
Slide #23: Specialized Approaches to Juvenile Registration: Texas Law

Examples of Specialized Approaches to Juvenile Registration: Texas and
Oregon

In one of the states in which juvenile sex offenders can petition the courts
for termination of registration requirements—Texas—juvenile courts
may allow adjudicated sex offenders to be released from registration requirements
through a process known as “un–registration.”33 The
law authorizes judges to terminate registration requirements for some juveniles
who are already registered through a process known as “de–registration.” In
cases of un–registration, the juvenile court must hold a hearing to
weigh the protection of the public versus harm to the juvenile and the juvenile’s
family. If, through the hearing, the courts determine that there is compelling
evidence that protection of the public would be increased by registration,
the offender is required to register. Texas courts also have the ability
to adopt a middle ground approach and order a non–public registration.
This means that the registration information is not disclosed over the Internet
and can only be used by law enforcement personnel in the course of conducting
a criminal investigation.

Use
Slide #24: Specialized Approaches to Juvenile Registration: Oregon Law

A similar process is in place in Oregon.34 Juvenile
offenders adjudicated for a sex crime in juvenile court can petition the
court and apply for relief from registration two years after the expiration
of their supervision period. Youths can apply for relief from their registration
requirements from the juvenile
court in the county in which they live or in which they were adjudicated.
A court hearing is then scheduled to hear evidence in each individual case.

Nature and Maintenance of Juvenile Sex Offender Registry Information

In order to protect the interests of juvenile offenders while balancing
the interests of community safety, some states have established separate
registries for juvenile and adult sex offenders. For example, Idaho’s
approach allows the state to maintain a separate registry for juvenile sex
offenders that is accessible to the public only after they have requested
information from the police or through the state’s Web site. In Michigan,
juveniles have been included on the registry that is available to law enforcement,
but until they turn 18 their names are not included on the public registry,
which is available on the Internet. However, any juvenile convicted of the
most serious sexual offenses—criminal sexual conduct in the 1st or
2nd degree—is listed on the public sex offender registry
after their 18th birthday.

Additionally, some jurisdictions maintain juvenile sex offender registries
within the juvenile court or juvenile supervision agency, rather than with
the local law enforcement agency. This allows for the collection and maintenance
of registry data, while also allowing for increased protections over juvenile
registrants’ information.35 For
example, in Missouri, the names of adjudicated sex offenders are maintained
on registries within the juvenile courts, which provides for some confidentiality
protections. Rather than being maintained on the statewide registry used
for adults, information is provided about these youth only to a limited range
of parties on a “need to know” basis.

Obviously, states that require juvenile sex offenders to register have to
consider not only which agency will assume responsibility for maintaining
the juvenile registry, but also what kinds of information should be included
as part of the registry. The types of information that are included on juvenile
sex offender registries vary from state to state. Some of the issues that
must be sorted out, however, include:

The nature and type of information that will be collected. States
must decide precisely what information will be shared with law enforcement
agencies—and the public—if they are afforded access to the
registry. This includes determinations of whether to release information
about the specific nature of the registerable offense, as well as information
such as the offender’s photograph, address, and other personal data.

Providing public access to traditionally confidential juvenile records. Traditionally,
access to information about juveniles’ criminal histories, court
proceedings, and personal information has been limited. States that require
juveniles to register are forced to consider how much of this traditionally
confidential information will be shared as part of the registry information.

Potential to inadvertently expose the identified victims. Given
the fact that many juvenile sex offense cases involve intrafamilial victims,36 states
must grapple with how to provide information about the offender’s
crime without simultaneously exposing the identity of their victim. This
is of particular concern when the victim is a family member and as a result
is more easily identifiable.

States are considering these and likely other issues as they decide how
to balance the public’s right to know with the potential effects on
victims, offenders, and families.